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by DuskStar 2849 days ago
More like "DMCA theoretically has protections against false accusations, but instances of people being held accountable are extremely rare."

Knowingly making a false DMCA claim is perjury, and IMO it should be treated as such. Instead companies send out automated claims in the thousands and then come back with "but we didn't know it was wrong, it was the bot!" and get away with it.

2 comments

Hi there. Plaintiff here from OPG v Diebold, the first successful case enforcing 512f against knowingly false DMCA takedowns where the defendant was found guilty and owed several hundred thousand dollars in damages. It can and does happen and there is court precedent. Contact EFF if you're on the receiving end of an obviously bad DMCA takedown.
Bravo, now if it could become standard practice.
Having bots flagging videos is the source of the issue in the first place, there should be a captcha and DCMA requests should be manual.